Republic of the Philippines
DEPARTMENT OF TRANSPORTATION
ATTY. SAMUEL A.M.JARDIN -\ /
Land Transportation Franchising &
Executive Director \ an
Regulatory Board (LTFRB) PX
( 1
\ \\
FORMAL CHARGE
This Office finds, after evaluation of the documents gathered, that a prima
facie case exists against you for
1
eo
Grave Misconduct! for violations of RA No. 9485, otherwise known
as Anti-Red Tape Act of 2007, for facilitating and fixing the
application for the issuance of a Certificate of Puslic Convenience
(CPC) and Sec. 3(e) of RA. No. 3019, or the Anti-Graft and Corrupt
Practices Act, for soliciting money amounting to Php4,800,000.00 in
exchange of the issuance of such CPC.
Receiving for personal use of a fee, gift or other valuable thing in
the course of official duties or in the connection therewith when
such fee, gift or other valuable thing is given by any person in the
hope or expectation of receiving a favor or better treatment than
that accorded to other persons, or committing acts punishable
under the anti-graft laws? for knowingly and willfully receiving the
amount of Php4,600,000.00 for the promise of the granting of a
franchise; and
Conduct Prejudicial to the Best Interest of the Service? for
committing acts that clearly run contrary to the policy of promoting,
a high standard of ethics in the public service and for tarnishing the
image and integrity of her public office.
In view thereof, you are hereby required to submit a Verified Answer,
including documentary evidence, to the aforementioned charges not later than
three (3) rae receipt hereof.
‘ Rule 10, Section 50A(@), Rules on Aclministrative Cases in the Civil Service (RACCS)
tion 50A(8), RACCS
|
|In your Answer, please indicate whether or not you elect a formal hearing or
waive the right thereto. You are also advised that you are entitled to the
assistance of counsel of your own choice.
This Office will not entertain Requests for Clarification, Bills of Particulars,
Motions to Dismiss, Motions to Quash, Motions for Reconsideration and
Motions for Extension of Time to File Answer.
Failure to file the required Answer within the specified period shall be
construed as waiver of your right to submit the same and the case shall be
decided based on available records.
Section 7.5, Chapter 2, Book IV of EO 292 provides that the Secretary of the
Department shall exercise disciplinary powers over officers and employees
under him, including investigation and the designation of a committee or
officer to conduct such investigation. Section 7.8 of the same law further
provides that in the exercise of his powers and functions, the Secretary may
delegate his authority to officers and employees under his jurisdiction.
Issued this 08 April 2019.
By the Authority of the Secretary:
Head Executive Assistant/ Chief of Staff
OIC Undersecretary for Administration
Co REINIER PAUL. YEBRA
Undersecretary for Legal Affairs
MARK STEVEN C. PASTOR
Assistint Seeretary for Legal Affnirs
ATTY. MARTIN B. DELGRA IIL
LTERB ChairmanRepublic of the Phi
f) DEPARTMENT OF TRANSPORTATION
y
TTY. SAMUEL A. M. JARDIN o
Executive Director VN
Land Transportation Franchising & — /<
Regulatory Board (LTFRB) {
ORDER OF PREVENTIVE SUSPENSION
A Formal Charge of even date has been filed against you for Grave Misconduct;
Receiving for personal use of a fee, gift or other valuable thing in the course of
official duties or in the connection therewith when such fee, gift or other
valuable thing is given by any person in the hope or expectation of receiving a
favor or better treatment than that accorded to other persons, or committing
acts punishable under the anti-graft laws; and Conduct Prejudicial to the Best
Interest of the Service, punishable by dismissal from the service. Considering,
that your position affords you the opportunity to exert undue influence or
pressure on potential witnesses and tamper with evidence, pending Formal
Investigation, you are hereby placed under Preventive Suspension for a period of
NINETY (90) DAYS, effective immediately upon receipt hereof.
Section 7.5, Chapter 2, Book IV of EO 292 provides that the Secretary of the
Department shall exercise disciplinary powers over officers and employees
under him, including investigation and the designation of a committee or officer
to conduct such investigation. Section 7.8 of the same law further provides that in
the exercise of his powers and functions, the Secretary may delegate his authority
to officers and employees under his jurisdiction.
This Order is issued pursuant to the provisions of Book V, Title I, Subtitle A,
Chapter 7, Section 51 of the Administrative Code of 1987, and Rule 7, Section 29
and 31 of the Rules on Administrative Cases in the Civil Service.
SO ORDERED.
Issued this 03 April 2019.
By the Authority of the Secretary:
ATTY. ARTEMIO U. TUAZON, JR.
Head Executive Assistant/Chief of Staff
OIC Undersecretary for Administration
Ce —_-REINIER PAUL. YEBRA.
Underseeretary for egal Affairs
MARK STEVEN, PASTOR
Assistant Secretary or Legal Ars
ATTY. MARTIN. DELGRA 11,
TERE Chairman
1
soc onesie matt ane